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29 Jan 2012, 3:58 pm by APransky
This law, G.L. c. 119, § 39D, was interpreted by the Supreme Judicial Court in the case of Blixt v. [read post]
10 Jan 2012, 6:22 pm
The Massachusetts wiretapping statute (G.L> c. 272, Section 99) is directed at preventing people from secretly recording one and other without consent. [read post]
6 Jan 2012, 7:29 pm by Eugene Volokh
Milot, through an affirmative act of theft in violation of G.L. c. 266, § 30, stole a firearm from the home of Hughes, the owner, who had placed trust in him. [read post]
3 Jan 2012, 7:27 am by Meg
The bill was signed by the Governor on December 30, 2011 and is now St.2011, c.224.The new Supplemental Rules of the Probate and Family Court, which replace the former General Rules of the Probate and Family Court and Supplemental Probate Rules are still effective January 2, 2012.On December 29, 2011, the Probate and Family Court amended Standing Order 5-11 regarding the application of G.L. [read post]
14 Dec 2011, 7:17 am by Meg
MGL c. 38, § 10  makes specific provision for the impoundment of inquest transcripts, but is silent on inquest reports, and so the court provided guidance on the impoundment of inquest reports specifically, and also on impoundment in criminal cases in general, saying in part: "We declare under the common law, however, a rule that an inquest report shall be impounded until the transcript presumptively becomes a public document under G.L. c. 38, § 10. [read post]
11 Dec 2011, 4:53 pm by APransky
District Court for the District of Massachusetts, wrote an opinion interpreting the Massachusetts Security Deposit law, G.L. c. 186, § 15B. [read post]
8 Dec 2011, 9:54 am by Meg
The page also links to Highlights of Revisions to G.L. c.209A Forms Effective January 1, 2012, which lists the changes in the old forms and details the five new forms. [read post]
3 Dec 2011, 5:09 am by Russell Beck
There has been much uncertainty in Massachusetts about whether and under what circumstances a claim under G.L. c. 93A (for those not from Massachusetts, that’s our unfair competition statute, which provides for the recovery of multiple damages and attorneys’ fees) exists against an employee who takes his former employer’s trade secrets to a new venture and uses them there. [read post]
2 Dec 2011, 2:28 pm by John H Curley
                The court initially rejected the claim that the statute authorizing the arbitration (G.L. c71, Sec. 42) was unconstitutional as an improper delegation of judicial and government power to an individual (the arbitrator). [read post]
18 Nov 2011, 12:12 pm
There is a distinction that is made under Massachusetts law between statutory disqualification and spousal privilege under G.L. [read post]
16 Nov 2011, 5:19 am
Goguen, 423 Mass. 679, 672 (1972), review of restraining orders issued pursuant to G.L. 209A was sought pursuant to the superintendence powers afforded the Supreme Judicial Court under G.L.c.211,§3. [read post]
4 Nov 2011, 5:01 am by James Edward Maule
Minnesota, New Jersey, and Rhode Island has issued publications or regulations specifically stating “costumes” are “clothing” (see Minnesota Sales Tax Fact Sheet 105, Clothing; Bulletin S&U-4, New Jersey Sales Tax Guide>, and Rhode Island Regulation SU 07-13, respectfully).Massachusetts provides a sales tax exemption for clothing under G.L. c.64H § 6(k). [read post]
28 Oct 2011, 3:12 pm
Whenever a defendant is charged with an offense in which the Commonwealth must prove possession to convict a defendant, such as unlawful possession of a firearm, G.L. c. 269 § 10 9h), he has automatic standing to contest the reasonableness of the search under Article Fourteen of the Massachusetts Declaration of Rights. [read post]
25 Oct 2011, 10:00 am by Gordon M. Orloff
”  Having clarified the definition of “action,” the SJC held that “the prohibition against evictions without cause in G.L. c. 186A, § 2, is prospective in that it does not apply to acts of eviction committed by a foreclosing owner before August 7, 2010 [the statute’s effective date], but does apply to acts of eviction committed after that effective date. [read post]
23 Oct 2011, 3:03 pm
The motions usually assert that the evidence should be suppressed for the following reasons: • said evidence was not seized pursuant to a lawful arrest; • it was not in plain view; • there was no probable cause; • there was no warrant; • there were no exigent circumstances; • the search was not pursuant to a lawful stop-and-frisk; • the search was not consented to; • the search, stop and/or inquiry of the defendant was conducted without probable cause,… [read post]